The first Rudd Government Budget brought down in May was good news for working families.

The promised tax cuts were delivered, which means retail and distributive workers can expect a bit extra in their pay from July.

Lifting the Childcare Allowance from 30% to 50% was also welcome news for many families.

No one doubts the nation is going through a volatile economic period at the moment, with interest rates ballooning and inflation spiking.

In its Budget, the new Government tried to strike the right balance between honouring election promises and cutting spending in order to keep inflation in check.

But the SDA believes more should be done for working mothers and, like the ACTU, we are pushing for the Federal Government to introduce a national scheme for paid maternity leave.

Woolworth’s recently joined the ranks of several other employers who this year started offering retail women employees paid maternity leave.

Myer, Aldi and Domino’s led the way, being amongst the first to offer paid maternity leave to their employees.

It shows that these companies value women workers and want to hold onto them.

In the current climate of low unemployment, employers realise it is better to allow staff time off after they have a child to ensure that they get the benefit of their employee’s experience when they decide to return to work.

Like the SDA, the ACTU is proposing that all mothers receive 14 weeks’ paid leave at the Federal Minimum Wage, funded by the Federal Government.

In addition, employees would receive the usual nine per cent superannuation, with a proposal for employers to top up the payment to the woman’s normal wage level.

The SDA was pleased to see the Rudd Government reinforce its promise to throw out the unfair Howard Government WorkChoices legislation and cement enterprise bargaining as the modern industrial way of securing fair wages and conditions.

Hard-working Australians saw through the unjust Coalition policy on Australian Workplace Agreements (AWAs).

It is almost beyond belief that the Coalition is refusing to declare WorkChoices dead and buried, and have threatened to frustrate the Rudd Government and its legislative program to deliver a fair industrial relations system for Australia.

If anyone needs a reminder of how WorkChoices stripped away pay and conditions, all you need to do is read the figures from the former Howard Government’s own Workplace Authority.

A study of AWA individual contracts examined by the Workplace Authority in February 2008 found that:

• 70% of workers lost their shift work loading,

• 68% lost annual leave loading,

• 65% lost their penalty rates,

• 89% lost at least one protected award condition, and

• 56% lost six or more award conditions.

ACTU research also shows that the incomes of more than a million Australians dropped in real terms by up to $44 a week – more than $2,200 a year – under WorkChoices.

Your Union – the SDA – is working hard to ensure all members receive more, not less, through the industrial relations system.

Now seems a good time to set out the Union’s preferred option for paid maternity leave and the reasons for it.

This is an issue close to the SDA’s heart. As many of you are aware, the majority of SDA members are female. In fact, the SDA gives voice to more women than any other representative organisation in the country.

The SDA supports the introduction of paid maternity leave, and believes that an equitable paid maternity leave scheme should include the following elements:

1 - It should be an inclusive, non-discriminatory payment, i.e. a payment to all mothers, whether or not they are in the paid or unpaid workforce. There is no sound reason why women at home bearing and caring for children should be treated less favourably than women in the paid workforce.

2 - On the grounds of financial viability and fairness, the payment should be means tested.

3 - Children are expensive to care for, and the level of payment should recognise this. Consequently, the payment should be at least at the Federal Minimum Wage level. Such an approach would ensure t

hat casual and part-time employees do not receive less assistance from the community than those with full-time positions.

4 - Ideally a ‘top-up’ (funded by the employer), where applicable, to an employee’s ordinary time earnings should be made available.

5 - It follows from the above that the SDA does not believe that employers should bear the full cost of paid maternity leave. The provision of the minimum wage payment should be the responsibility of the Government. Government providing the majority of the payment would serve to reduce the financial incentive for employers to engage in direct and indirect discriminatory behaviour.

6 - In order for Australia to be in conformity with ILO Convention 183, the payment should be for at least a period of 14 weeks (see box).

7 - Employees should have their current parental leave entitlements protected and have the right to accrue superannuation payments, long service leave, annual leave and sick leave entitlements while receiving such payment.

8 - It would be reasonable for a paid maternity leave scheme to subsume, in full, the current Maternity Payment and ‘Baby Bonus’ schemes. As such, the introduction of paid maternity leave would not be a total impost on the budget but, at least in part, a reworking of the social security budget.

What the SDA Would Like to See

An adequate paid maternity leave entitlement incorporating these eight elements would provide recognition of, and support for, the social benefit of having children, increase women’s choices around child bearing and support parents in their child rearing role.

It would give recognition to the important task of bearing and rearing the next generation.

Finally, it would ensure that the child of a shop assistant is treated equally to the child of a high income-earner.

Where to From Here?

The matter is currently before the Productivity Commission – an independent Commonwealth agency which is the Government’s principal review and advisory body on microeconomic policy and regulation – with a draft report expected to be produced later this year, a Government decision on the matter made in the first half of next year, and – all going well – a final plan presented in next year’s Federal Budget.

The SDA, along with other interested parties, will continue with the campaign for paid maternity leave, and we’ll keep you informed of progress.

What is the International Standard?

ILO Convention 183, adopted in May 2000 by the United Nations’ International Labour Organization (ILO), states:

Article 4

1. On production of a medical certificate or other appropriate certification, as determined by national law and practice, stating the presumed date of childbirth, a woman to whom this Convention applies shall be entitled to a period of maternity leave of not less than 14 weeks.

…

4. With due regard to the protection of the health of the mother and that of the child, maternity leave shall include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers.

5. The prenatal portion of maternity leave shall be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, without reduction in any compulsory portion of postnatal leave.

Unfortunately, both bullying and harassment are still way too common in the workplace.

Often, these incidences go unreported or unresolved because each person has a different perception of the terms ‘harassment’ and ‘bullying’ – and therefore thinks it is no big deal, or worries that that their employer will not see the issue the same way as they do.

Here is a quick reference guide to assist members with identifying and dealing with workplace harassment.

What is Workplace Bullying?

Workplace bullying is described as “behaviour that is usually repeated, that is inappropriate, unreasonable and possibly aggressive and that creates a risk of physical and/or psychological harm”.

Unreasonable behaviour is behaviour that a reasonable person would find offensive, humiliating, intimidating, degrading or threatening.

Behaviour is considered to be “repeated” if there is an established pattern of unreasonable behaviour.

Repeated behaviour usually involves a series of diverse incidents, for example verbal abuse, followed by isolation, and subsequently being unreasonably denied training opportunities.

How people perceive and react to workplace bullying differs.

Some people identify the behaviour quickly, while others experience the behaviour for some time before realising that it is bullying.

Often bullying is not reported and those affected may resign.

Employer and Employee Responsibilities

Employers and managers have a legal duty to protect the health, safety and welfare of their employees and of other people in the workplace whose health and safety may be affected by the work being undertaken. This duty could include risks arising from workplace bullying.

Employers must assess risks to their employees, take appropriate measures to prevent or reduce risk, and consult their employees when considering decisions that may affect their health and safety.

Employees must contribute to work- place health and safety by:

• not putting others at risk,

• co-operating with any health and safety requirements of their employer,

• informing their employer of any workplace hazards of which they are aware, including bullying, and

• complying with any bullying prevention procedures that are implemented in the workplace.

What Types of Behaviour Could be Workplace Bullying?

Bullying behaviour can be obvious and aggressive, including:

• behaviour or language that frightens, humiliates, belittles or degrades,

• loud verbal criticism,

• encouragement to other employees to participate in bullying behaviour, and

• malicious rumours, gossip, or innuendo.

Workplace bullying can also be subtle, including:

• deliberate exclusion of a worker from normal workplace activities,

• interference with personal property or work equipment,

• intimidation by inappropriate personal comment, belittling opinions or unjustified criticism,

• offensive jokes, whether by spoken word or e-mail.

Behaviour that treats some people less favourably, or is disempowering, is also bullying and includes:

• assigning meaningless tasks to a worker that are unrelated to their job,

• setting tasks that are unreasonably above or below a worker’s ability,

• deliberately changing work arrangements, such as rosters and leave, to inconvenience a particular worker or workers,
• setting timelines that are very difficult to achieve,

• deliberately denying access to information, consultation or other resources,

• unreasonably blocking promotion, training, development or other work opportunities,

• excessive and unreasonable work scrutiny, and

• removing areas of responsibility without cause.

What You Can Do

• If you are able, tell the bully that you find their behaviour unreasonable.

• If the behaviour doesn’t stop, check to see whether your organisation has a policy to prevent and deal with bullying, and follow the procedures to report bullying.

• Check if your Industrial Award or workplace Agreement has procedures for bullying or grievance handling.

• Seek help and advice.

Who Can Help?

• Occupational health and safety representatives in your workplace.

• Your supervisor or manager.

• Employee assistance programs (EAP).

• The SDA – phone 4961 4694.

• WorkCover NSW.

The SDA has trained officials to assist with and investigate breaches of the Occupational Health and Safety Act NSW.

If you believe that you have been bullied or harassed in your workplace, notify your employer, or contact the SDA by phoning us on 4961 4694.

To access these publications, visit www.ato.gov.au (use the search individuals function at the top right hand corner of the home page, and type in ‘shop assistants’ or ‘factory workers’), or call the Tax Office’s Publication Distribution Service on 1300 720 092.

These publications outline common things that you need to know when claiming work-related expenses. They also contain useful tips to help you complete your tax return, and to ensure that you claim all your entitlements.

As a shop assistant, some of the things you may be able to claim as deductions include the following.

Union Fees

You can claim a deduction for your Union fees – if the amount is shown on your payment summary (previously known as a group certificate), you can use that to prove your claim.

Bank Fees

Deductions are available only in very limited circumstances. For example, you can only claim a deduction for debits tax charged on any outgoing from your bank account where the outgoing can be claimed as a deduction.

Overtime Meals

You may be able to claim a deduction for overtime meal expenses if you received an overtime meal allowance paid under an industrial law, Award or Agreement. To claim, you will need written evidence if your claim is more than $21.90 per meal, and you can only claim for overtime meal expenses incurred when you actually worked overtime and your employer paid you an overtime meal allowance for that overtime. Amounts received as an overtime meal allowance must be shown on your tax return.

Uniforms

You may be able to claim a deduction for shoes, socks and stockings where they are an essential part of a distinctive compulsory uniform, which is specified in an employer’s uniform policy, and where the wearing of the uniform is consistently enforced. You may also be able to claim for non- compulsory uniforms if the clothing is registered.

You may be able to claim for a single item of distinctive clothing, such as a jumper or tie, where it is compulsory for you to wear the item at work. Generally, clothing is distinctive where it has the employer’s logo permanently attached and the clothing is not available to the general public.

If you can claim a deduction for your work clothes, you can also claim for the cost of cleaning them.

Please note: you cannot claim for the cost of your clothing if it was supplied to you free of charge by your employer.

First Aid Courses

You can claim a tax deduction for the cost of attending first aid training courses if you, as a designated first aid person, are required to undertake first aid training to assist in emergency work situations.

Remember

Make sure that you write down all your income on your tax return – include any benefits received from the Government, income from a second job and any interest you received from a bank, building society or credit union.

Attach your payment summary to page 3 of your tax return.

Sign your tax return. It is your responsibility to make sure that your tax return is correct even if it was prepared by someone else.

Keep all the records you need to prove your deduction claims. TaxPack 2008 (available from 1 July) will tell you what records you need to keep.

Ask for help if you need it – ask your tax agent or ring the Tax Office on 13 28 61.

Please note: This is a summary only, based on the information available at time of publication. For a complete explanation, you will need to read the ATO’s publications in their entirety.

ITP

Since their first branch opened in 1971, ITP – The Income Tax Professionals – have grown to be one of the largest and most reputable accountancy firms in Australia.

SDA members and their families are entitled to a 10 per cent discount on the standard price of the preparation of a tax return when it is completed by an ITP tax accountant in one of the participating branches listed on this page. SDA members and their families are also entitled to a special rebate on business tax returns at ITP.

To take advantage of this offer, just phone 1300 650 007 to find out the location of your nearest ITP branch. To receive the discount you must present your current SDA membership card.

The discount applies at these ITP branches: Belmont, Cessnock, Charlestown, East Maitland, Erina, Gosford, Hamilton, Killarney Vale, Kurri Kurri, Lake Haven, Mayfield, Morisset, Muswellbrook, Raymond Terrace, Salamander Bay, Singleton, The Entrance, Toronto, Toukley, Umina, Wallsend, Woy Woy, Wyoming and Wyong.

Union Membership is your protection against unfair treatment at work.

Often in my work as an Organiser, l come across people who are afraid to exercise their rights because they are afraid of reprisal in their workplace.

This can be quite hard for the person involved to overcome, especially where the other party has been deliberately intimidating.

However, standing up for yourself is the only thing to do – and remember, as an SDA member, you are not alone.

Your membership of the SDA is your assurance of support if you need it. If something is bothering you, don’t keep it to yourself.

The Union is there for you to ensure you receive all the legal entitlements which we have worked so hard to establish.

You have, in most workplaces, co-workers who can represent you – your Delegate.

If need be, they can hand over unresolved matters to an SDA Organiser.

Companies know and, in most cases, respect this. So if you find one person is making your life unpleasant, speak up – don’t just take it.

Whether it’s a matter relating to unfair rostering, denial of rest breaks, underpayment, sexual harassment, unsafe work environments or any other issue in the workplace, you must raise it as these things will not resolve themselves.

If nothing is said, the problem usually gets worse. There is also a broader reason for speaking up, and that is workplace laws and regulations; they are useless unless they are activated.

For example, if everyone has a right to return to their former position after maternity leave but no one asserts it, the right is at risk of disappearing.

So think of your co-workers when you are experiencing a problem.

I’ve heard it many times, often from Delegates who are concerned for their workmates, especially the younger ones who miss out on their entitlements because of reluctance to raise matters.

So let this be a message to you all.

Don’t be shy!

The SDA is always there to offer you, as a member, confidential advice on issues you may be having at work and will support you all the way.

It is good to have a friend in the workplace.

If you do have a problem in your workplace, don’t hesitate to call our office on 4961 4694 and speak to your Organiser.

Your employer must provide you with a weekly, fortnightly or monthly payslip (depending on when you are paid), even if you are paid directly into your bank account.

Your payslip provides you with your wage/salary details, overtime, allowances, tax paid, employer superannuation paid, and any deductions from your wages – such as Union fees, voluntary superannuation contributions, payments to a Christmas Club, etc.

Employers are required by the Workplace Relations Act to show the following items on payslips:

• Name of Employer and ABN number

• Name of Employee

• Name of Award or Enterprise Bargaining Agreement

• Grade or Classification

• Full-time, Part-time or casual status

• Pay period

• Pay date

• Allowances

• Gross wage

• Tax

• Nett tax

• Superannuation and name of Superannuation Fund

Many employers also include annual leave and long service leave entitlements on payslips, although this is not a legal requirement. This helps employees to keep track of their leave entitlements and organise reasonable rest and recreation.

Your Questions Answered

Q - What is the difference between a wage and a salary?

A - Salary is a fixed periodical payment paid to a person for regular work or services, whereas a wage is usually paid by the day or week for work or services which are of a more irregular nature. Most shop assistants receive wages, while management would usually receive a salary.

Q - Should my payslip show sick leave entitlements?

A - Your employer is not required to show sick leave entitlements on your payslip.

Q - Why am I not being paid superannuation?

A - Subject to the details below, your payslip must show your employer’s superannuation payment on your behalf. Superannuation is a compulsory savings program that aims to ensure that when you retire you have some money to live on.

If you are 18 years old or more and earn over $450.00 gross per month, your employer must make contributions into your super fund at a rate of 9%. This is in addition to your wages – not a deduction from them.

Remember to always check and keep your payslips.

They are a perfect record of hours worked and what you have been paid, and a record of when you first started work with your employer.

If you ever have a conflict with your employer or a government department, your payslip is perfect evidence of dates worked, wages received and other details.

This is particularly important if you have a dispute over your superannuation or long service leave entitlements, where a problem can be discovered years after it initially happened.

Payslips take up very little space in your filing cabinet, but can end up being of vital importance!

For further advice on this topic, contact the SDA on 4961 4694 or e-mail secretary@sdan.org.au.

Unfortunately, most of us suffer from coughs, colds or other flu-related symptoms over the winter season.

Going to work when you are unwell can cause other people to also get sick, so you need to stay home and get better. Being sick is never much fun, but not getting paid for your time off can often make you feel much worse!

Sick Leave Entitlements

Permanent employees are usually entitled to some amount of paid sick leave, which accrues from year to year.

Full-time employees are generally entitled to a minimum of 61 hours’ sick leave per anniversary year. You should check your Award or Enterprise Bargaining Agreement (EBA) to find out exactly what your entitlements are.

For a part-time employee, sick leave is usually calculated as a percentage of the full-time rate. For example, a part-timer who works 20 hours per week would have an annual sick leave entitlement of 32.086 hours, calculated as follows:

• 20 divided by 38 (the number of hours a full-timer works) = 0.526

• 61 x 0.526 = 32.086 hours

If you are unsure how much sick leave you have, check with your pay office or your manager. This is your personal information and you have every right to access it.

Even though you may have an automatic entitlement to sick leave, any time claimed must still be approved before it will be paid. Sick leave is to be utilised for genuine need and any misuse of sick leave entitlements will be treated seriously by your employer.

Your Responsibility

It is your responsibility, as an employee, to notify your store manager or Duty Manager (which may sometimes be a baker) of your inability to attend work. This must be done as soon as is practicable, and where possible, you should also inform them of your expected date of return.

Obviously, if it is not feasible for you to use the phone yourself, you can have a family member or friend call for you. If so, make sure that person notifies the person-in-charge and also asks their name, to avoid confusion later.

We often have members saying that they have been told that they have to ring back and speak to the manager later in the day. This is not true!

The only time it may be necessary for somebody to ring later and speak to the manager is if your illness is contagious or if you may be off work for a considerable amount of time due to your illness or injury (a simple courtesy).

Proof of Illness

These days, it seems that you often have to know two weeks in advance that you are going to be ill, to be able to make an appointment to see a doctor!

Most Awards and Agreements allow for two single ‘free’ days without having to supply any proof of your illness in each anniversary year. For example, if you started in February, then your anniversary year goes from February to February and clocks over at the same time as your annual leave.

Some managers do not inform employees that in most cases they can provide a Statutory Declaration (Stat Dec) as proof of illness.

If your illness does not warrant you seeing a medical practitioner, you can purchase a Statutory Declaration form from a newsagency or Post Office. The cost varies, but it is usually less than two dollars.

A Stat Dec needs to be completed in your own words, stating that you were absent from work due to illness on (date/s). Once this is done, you’ll have to locate one of the people listed on the Stat Dec to witness your signature.

By signing this legal document, you are swearing on oath that what you have said in the document is true. This could be challenged in a court of law and you can be charged if you are not honest.

A Stat Dec should normally be handed to the cash office or manager on your next working shift.

Some members are not aware of when their anniversary date is, or how many sick days have been used. Therefore, you may not know before returning to work, that you needed to provide proof of illness in order to be paid your sick leave entitlements. If this is the case, you can hand in a Stat Dec at a later date when practicable.

If you are unsure of your rights regarding sick leave entitlements, see your Union Delegate, or contact the Union office on 4961 4694.

At least a third of all high school students aged 15 years and above work in paid employment, the majority within the retail and fast food industries.

When you get your first job, you receive great conditions compared to decades ago.

However, all too often, we see young workers being underpaid, dismissed unfairly, treated poorly by their employer, or simply unaware of their rights.

Unfortunately, the SDA is unable to assist these young workers if they are not financial members of the Union.

We are serious in our role of representing and protecting young retail and fast food members, and we provide our young members with quality, accurate advice, information and representation – that’s what we’re here for!

We ensure that wages and working conditions contained within Enterprise Agreements and Awards are correctly applied by employers. Upon request, we can provide members with copies of their Enterprise Agreements, Awards and wage schedules outlining rates of pay and allowances.

It is important for all young workers to know the rules or conditions that apply to them in their specific classifications.

Remember, you must be paid for all the work you perform as this is your legal entitlement. And it is the legal obligation of your employer to pay you for all work done. It’s not an option, it is your right. You must make sure you are paid either ordinary rates, ‘flex-up’ or overtime, depending on the circumstances.

Under no circumstances should you ever work without pay.

There are many examples of young workers not being paid correctly, or not being paid the right overtime rate, including:

• working before a rostered shift,

• working through rest pauses and breaks,

• taking work home, such as paperwork,

• working 10 or 15 minutes after rostered ceasing time and not getting paid for it, and

• coming in on a day off or when on leave and not getting paid for it.

Too many times, we have heard employers say “it wasn’t authorised” to avoid paying someone.

If you are directed or expected to complete a particular job or task and you do, you must be paid.

Young workers – don’t be afraid, speak up, be heard, receive what is rightfully yours, and never forget that you are our future.

If you’re not an SDA member, call us on 4961 4694 and find out more about what we can do for you, or go to www.sdan.org.au

If you feel your employer is not applying your Enterprise Agreement or Award correctly, or if you would like us to send you a copy of our Vital Information for Young Workers brochure, call us on 4961 4694.

Maternity leave has been in the news quite a bit recently, with the possibility of introducing paid maternity leave in Australia making headlines.

Most of the Enterprise Agreements negotiated by the SDA already have provisions for maternity leave and other parental leave, but unfortunately, at the moment, most of it is unpaid.

The following is a brief summary of currently-existing maternity leave entitlements, but these can vary between Agreements, so make sure you check your EBA for your exact entitlements.

Maternity leave is generally unpaid leave of up to 52 weeks before, during and after your child’s birth.

Pregnant women who have continuous service with their employer for 12 months or more are usually entitled to maternity leave.

Taking Maternity Leave

To apply for maternity leave, you must give your employer written notice and provide a doctor’s certificate stating that you are pregnant and the expected date of birth. If your child comes earlier, you will not be in breach of the time frame.

If you have chosen to take a shorter time than the 52 weeks, you can extend maternity leave once only with 14 days’ written notice; any more than once must be by mutual agreement and you may not exceed 52 weeks.

You may also shorten the maternity leave you requested, with your employer’s consent, with 14 days’ written notice.

Unforeseen Circumstances

If you become sick during your pregnancy, you may access sick leave, holidays or long service leave. If you have none of these available, you may be able to start your 52 weeks’ maternity leave earlier than planned – but remember, this will be counted as part of your total of 52 weeks.

If you were to miscarry or have a stillborn child, you may return to work earlier. Your employer must advise you of the date you can return to work within four weeks of receiving your letter notifying them of your changed circumstances. You may take annual leave or long service leave in conjunction with maternity leave but the total can’t exceed 52 weeks.

Returning to Work

On returning to work, you must give your employer four weeks’ notice. Your job may be filled on a temporary contract by another employee, so your employer needs to advise them of your returning to work date.

You should return to your original position, however, if your job no longer exists, you must be given a job comparable in terms of salary and status to the one you had, and you must be capable of doing the job

. If you wish to change your status to part-time, you may do so until your child’s second birthday. After this time, you have the right to return to your full-time job. Some Agreements and Awards contain different provisions for full-time or part-time employees.

The SDA produces a free Parental Leave booklet which contains useful information about taking parental leave, including draft letters for your employer and information about time limits on notifications – contact us for a copy.

Make sure you check your Enterprise Agreement or Award for your specific entitlements, or contact the SDA for advice on 4961 4694.

There has recently been quite a lot of development activity within our Branch’s boundaries, with a number of new stores being opened, as well as quite a few being refurbished.

Charlestown Square has just begun its redevelopment. This will impact upon our members in that centre, with the introduction of paid car parking for staff and customers.

Westfield Kotara has finished the first stage of that project with further stages planned for the future. It now hosts many new retail stores such as Country Road, Smiggle, Just Jeans, Dotti and City Chic, just to name a few.

Centro Lake Macquarie at Mt Hutton has been refurbished. This centre has now reopened most of its stores, with only a handful left to be finished off. Many of the small fashion shops that we have Agreements with are among those being revamped. The SFG Group in particular has been busy, with a new Autograph store next to Big W, and Crossroads reopened on 15 May – we were lucky enough to attend – and the Miller’s store having been refurbished around Easter.

The staff in these sites are understandably relieved, as store openings and refurbishments are stressful for all parties concerned, but we are informed that everything went well in the changeover process and everyone is happy in their lovely new stores.

A new Coles Express has also opened at Kotara, utilising the unused petrol site opposite Westfield. This is a welcome addition to the area, and since its opening it has been consistently busy, demonstrating how necessary an extra service station was in a community that is experiencing steady and constant growth.

These new sites have provided an excellent opportunity for recruitment, with plenty of potential members out there to be signed up. As Recruitment Officer, I’m enjoying visiting these sites and raising awareness of the SDA – often, new staff members do not know that there’s even a union they can join. Hopefully, letting them know that the Union is fighting for their rights and conditions will encourage them to become SDA members.

The fight to remove the former Howard Government’s WorkChoices legislation is not over yet.

Even though Australians gave the harsh laws a resounding thumbs down by voting out the Coalition Government last November, the new Rudd Labor Government will dismantle WorkChoices in two sections.

The first involves a Transition Bill, which abolishes the abominable Australian Workplace Agreements (AWAs) as its standout feature.

The second will be a Substantive Bill which completely abolishes WorkChoices and replaces it with new legislation.

The Transition Bill, which has passed through Parliament:

• abolishes AWAs (existing agreements continue until expiry),

• restores the no-disadvantage test of all Agreements against Awards.

• gives protection to workers whose Enterprise Agreement is terminating, and

• commences the process of modernising and reducing the number of awards.

For those employers currently using AWAs, the Government has created a temporary arrangement called Individual Transitional Employment Agreements (ITEAs).

All ITEAs must pass a “no disadvantage” test against the appropriate instrument.

These are transitional measures and, despite initial obstruction from the Coalition parties, the Rudd Government hopes to have the new Industrial Relations System in place by January 2010.

The Government has to wait until later this year when the balance of the Senate changes to try to pass the Substantive Bill which will kill off WorkChoices.

The Federal Liberal and National Parties have not yet committed to passing the Substantive Bill. That’s why the fight must go on.

The SDA will campaign hard to ensure this legislation is passed and we will keep you informed of its passage.

The Government has also released its proposed 10 National Employment Standards for public comment.

The new standards would guarantee:

• hours of work,

• parental leave,

• flexible work for parents,

• annual leave,

• personal, carers and compassionate leave,

• community service leave,

• public holidays,

• information in the workplace,

• rights in the case of termination of employment and redundancy, and

• long service leave.

It is intended to include these standards in the Substantive Bill.

The new legislation to replace WorkChoices would also enshrine your right as an employee to be represented by the SDA.

That means it has never been more important for you to be a member of the SDA.

Other matters to be included would be:

• promotion of collective bargaining,

• restoring unfair dismissal laws,

• abolishing “operational reasons” as an excuse to sack an employee, and

• maintaining an Award safety net

In the meantime, the SDA will continue to negotiate on your behalf with companies on Enterprise Agreements, look after problems that may arise, and provide the best range of services as we celebrate this, our centenary year.